U.S. v. JENKINS

No. 93-2056.

46 F.3d 447 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Mary Jane JENKINS, Evan Peter Pigman, Jo Ann Rochelli, David Carl Stubbs, Rickie Herbert Ranney, and Larry Wayne Malady, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied April 10, 1995.


Attorney(s) appearing for the Case

Gerald Goldstein, San Antonio, TX, Frierson M. Graves, Memphis, TN, for Jenkins.

Michael F. Pleasants, Memphis, TN, Leonard J. Frankel, St. Louis, MO, for Pigman.

Edward A. Mallett, Gerald H. Goldstein, Houston, TX, for Rochelli.

Berkman, Gordon, Murray, J. Michael Murray, Cleveland, OH, for Stubbs.

Jerry B. Kraig, Cleveland, OH, for Ranney.

Before WISDOM, KING and DUHÉ, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied April 10, 1995.

DUHÉ, Circuit Judge:

The government appeals from the grant of Appellees'1 motions to suppress evidence. For the reasons below, we find that the district court's holding was based on a misapprehension of the applicable law, and therefore we reverse, render and remand.

I. PROCEDURAL BACKGROUND

In April 1991, a grand jury for the Southern...

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